Baroness Twycross (Lab)

I thank all noble Lords for a constructive and good-natured debate on the amendments made in the other place and for their very kind comments, not least from the noble Lord, Lord Markham, recognising why I took the risk to bring the Bill back, which was to ensure that we get a better Bill. I am very grateful to the noble Lords, Lord Burns and Lord Pannick, and noble Lords from across your Lordships’ House, including the noble Lord, Lord Goddard, and the noble Baroness, Lady Brady, for their support for changing the backstop mechanism. I am grateful too for the support for, and confidence across your Lordships’ House in, the Government’s preferred candidate. The noble Lord, Lord Pannick, is right that we need to see the regulator as taking a light-touch approach, and I am grateful to all those involved in helping us get this over the line in a much more match-fit state than it left us. I note the concerns of the noble Lords, Lord Maude of Horsham, Lord Moynihan and Lord Moynihan of Chelsea, and the noble Baroness, Lady Brady. I will send a transcript of the debate to the chair designate, although I am confident that he is following the debate and is already aware of the need—and their call—to tread lightly. The noble Lord, Lord Burns, asked how we would incorporate evidence from the “state of the game” report. Under the amended model, it would be explicit that the regulator must use the “state of the game” as the basis for its decision. The regulator must explain in its notice how its solution addresses the evidence from the “state of the game” report. Leagues must also submit supporting evidence alongside their proposals, which the regulator must take into account. The regulator can request additional evidence as well as gathering its own information to ensure it has a wide evidence base for making a decision. This is a more evidence-based and data-driven process than before. We are also proposing an extension of the final proposal stage to allow for more time for the regulator to come to a considered solution based on evidence. The noble Lords, Lord Moynihan and Lord Markham, asked whether UEFA is content with the Bill as it stands. As noble Lords will know and as I have stated previously, UEFA has written to confirm that it is content with the Bill and the FA has confirmed it. Its issues were with the previous Government’s version of the Bill and requiring the regulator to have regard to the Government’s foreign policy, something we have removed and something your Lordships’ House clearly debated at some length. Past examples of Italy and Spain legislating in relation to football broadcasting without facing repercussions from UEFA should offer reassurance. Italy in 2008 and Spain in 2015 legislated setting out how TV rights are to be sold and how the revenues are to be distributed. Neither association has faced consequences from UEFA. I will return to exactly where we are with the process a bit later.